HomeMy WebLinkAboutREA ANNEXATION AND ZONING 1/07/97 CITY COUNCIL HEARING - 64 93C - REPORTS - SECOND READING6. The parties agree that this Agreement shall be
specifically enforceable by a court of competent jurisdiction. In
the event of a breach.of any provision of this Agreement, the
nonbreaching party may ask a court of .competent jurisdiction to
enter a writ of mandamus, temporary or permanent restraining
orders, temporary or permanent injunctions, or orders of specific
performance to compel the breaching party to 'perform its duties
under this Agreement and to grant such other relief as may be
accorded by law, it being the intent of this provision to
supplement the general or common law of remedies.
7. The parties agree to sign any further documents
reasonably required by the Owner or the City to carry out the terms
of this Agreement.
8. This Agreement and any amendments to this Agreement shall
be recorded with th? Larimer County Clerk and Recorder and shall be
binding upon and inure to the benefit of the transferees,
successors, and assigns of the Owner. Upon conveyance of all or any
portion of the Property by the Owner, the successor in interest
shall be substituted for the Owner under this Agreement; and the
former Owner shall be released from all duties and liability under
this Agreement.
9. This Agreement shall be null and void if the City fails
to approve the annexation of the Property on or before January 15,
1997 - .This Agreement shall constitute a covenant running with the
title to the Property.
10. This Agreement represents the entire Agreement between
the parties. Any amendments to this Agreement to be effective shall
be in writing.
IN WITNESS WHEREOF, the parties hereto have executed this
Annexation Agreement the day and year first written above.
CITY OF FORT COLLINS, COLORADO
By:
Mayor
ATTEST:
City Clerk
POUDRE VALLEY RURAL ELECTRIC
ASSOCIAJ�,ON, INC.
By:
Its:
C:\OFFICE\PVREA\ANNEXFrC.ASC
September 18, 1996
3
2. If the annexation of the Property, or any portion
thereof, is challenged by any proceeding or action (including a
referendum), all provisions of this Agreement, together with the
duties and obligations of each party, including payment of all
taxes, fees and charges of any kind or nature, directly or
indirectly imposed by the City and enforcement of all City
ordinances on the Property shall be suspended, immediately upon
filing of the eferendum, pendinthe outcome of the referendum
election. I he llenge results n disconnection of all or any
portion the Proper from the Citi, then this Agreement and all
ons contained he ein shall )6e null and void ab initio and
have no further effect. I e challenge fails, then Owner and the
City shall continue to be bound--5y all the terms and conditions of
this Agreement. The period -of suspension of this Agreement shall
end on the date the annexation ordinance is no longer subject to
further legal challenge. Upon such disconnection, the City shall
have no further obligations or responsibilities as to such
disconnected property, and the Owner shall have no further
obligation to the.City.
3. The Property is currently served for water and sanitary
sewer improvements through the Fort Collins/Loveland Water District
.and the South Fort Collins Sanitation District, and it shall not be
necessary for the City to serve the Property. The Property is
served by the Owner for electric service, and. the duty and
obligation. .for -electric service -shall- remain -with-the- Owner- -until-- - - -
the Property is sold by the Owner to a third party, at which time
the Agreement between the City and the Owner regarding provision
for electric service shall become effective. The Owner has storm
drainage improvements in place that provide effective drainage for
the Property; and no further storm drainage improvements on other
property shall be required. The City will accept ownership of any
storm drainage facilities on the Property. The Property has
certain raw water rights that the City agrees the Owner may
continue to be used -for irrigation of the Property. If the Owner
desires to transfer such raw water rights to the City in exchange
for any requirement for contribution of raw water rights of the
City, the City agrees to accept such rights, and then allow the
Owner to use such rights for irrigation. No off site improvements
shall be required by the City for development of the Property since
all such improvements are in place.
4. In the event any ordinance becomes effective in the City
within twenty years after the effective date of the annexation
ordinance, and such ordinance alters and limits any Owner's right
to use the Property as contemplated by this Agreement, then the
'City, upon the written request of Owner, will proceed to take all
necessary action to immediately disconnect of the Property from
the City's boundaries, and the Property may not be annexed
subsequently except by voluntary petition by the Owner.
5. Except as set forth in this Agreement, the Property
shall be subject to the police power and legislative authority of
the City, after final annexation of the Property.
E
ANNEXATION AGREEMENT
THIS ANNEXATION AGREEMENT is made and entered into this 18th
day of September 1996, between the CITY OF FORT COLLINS,
COLORADO, a Colorado municipal corporation, hereinafter referred to
as the "City" and POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, INC.,
a Colorado corporation, hereinafter referred to as the "Owner."
RECITALS:
The following recitals are a material part of this
Annexation Agreement (the "Agreement").
A. Owner is the owner of property more fully described on
Exhibit A attached hereto and incorporated herein by reference (the
"Property").
B. Owner has determined that it is desirable for the future
development of the Property to annex the Property into the City and
has, contemporaneously with the effectiveness of this Agreement,
filed a Petition to annex the Property (the "Petition") to the
City; and the Petition is on file with the City Clerk.
C. The City desires to approve and accept the Petition for
Annexation and to annex the Property to the City.
D. The Owner and the City desire to establish conditions
with regard to the use of the Property and to provide for zoning of
the Property and certain requirements for the subsequent
development of the Property.
E. The Owner and the City desire to establish conditions
with regard to this annexation and the use of the Property and to
provide for the zoning of the Property in accordance with Colorado
law and to establish certain requirements for the subsequent
development of .the Property.
NOW, THEREFORE, the parties agree as follows:
1. The Owner has, contemporaneously with the effectiveness
of this Agreement, petitioned for annexation of the Property to the
City upon the expectation and agreement of the City that the City
will zone the Property in the City's C-L zone without a PUD
condition. Pursuant to §31-12-115, C.R.S., the Property shall be
zoned within thirty days of the effective date of the annexation
ordinance as provided in the Agreement. If zoning in the City"s C-
L zoning classification. is not finally approved by appropriate
ordinance within thirty days after the date that the annexation
ordinance and is no longer subject to further legal challenge, the
City will upon the request of any Owner proceed to enact an
ordinance disconnecting the Property from the City. Upon such
disconnection, the City shall have no further obligations or
responsibilities as to the Property; and the Owner shall have no
further obligations or responsibilities to the City.
1
0
ATTACHMENT "A"
LEGAL DESCRIPTION OF THE ANNEXATION
A tract of land situate in the County of Larimer, State of Colorado to -wit:
A tract of land situate in the Northeast Quarter of Section 2, Township 6 North, Range
69 West of the 6th P.M., Larimer County, Colorado, which considering the. East line
of the Northeast Quarter of said Section 2 as bearing S 000 37' 58" W and with all
bearings contained herein relative thereto, is contained within the boundary lines which
begin at the Northeast corner of said Section 2 and run thence S 006 37' 58" W
995.83 feet, and again N 89 ° .01' 01 " W 49.51 feet to. the true point of beginning;
thence S 000 35' 38" W 450.00 feet; thence N 890 01' 02" W 909.52 feet; thence
N 000 43' 58" E 450.00 feet; thence S 890 01' 01" E 908.43 feet to the point of
beginning.
Containing 9.3901 acres more or less.
-5-
ATTORNEY CERTIFICATION
RANDOLPH W. STARR an attorney licensed to
practice in the State off Colorado, hereby certify that I have examined the records of the Clerk
and ecorder of Larimer County, Colorado, and have verified that the signers of the attached
ArmLxation Petition are owners of real property in the area proposed for annexation.
Furthermore, I certif�that said owners constitute more than 50% of the landowners in the
area proposed #arannexation and own more than 50% of the land in said area, exclusive of
streets and alleys.
Signature
SEPTEMBER 18, 1996
Date ... .
-4-
LEGAL DESCRIPTION OF REAL PROPERTY
INCLUDED IN THE ANNEXATION
A tract of land situate in the County of Larimer, State of Colorado to -wit:
Please see attached.
Owner's Signature
POUDRE VALLEY RURAL. ELECTRICAL
ASSOCIATION, INC.
G?c
Owner's Sign ure��
7649 REA PARKWAY
Address Address
FORT COLLINS, CO 80528
City State Zip City State Zip
SEPTEMBER 18, 1996
Date Date
-3-
STATE OF COLORADO)
) ss.
COUNTY OF LARIMER)
The undersigned being first duly sworn upon his oath states:
That he was the circulator of the attached petition for annexation and that each
signature therein is the signature of the person whose name it purports to be.
Circulator's Sign
Subscribed and sworn to Ibefore me this day of %I,�n
1996, byl,rC��r��-�c.%
Witness my hand and official seal.
My Commission expires:
-2-
i
Notary P 1- i '
r
PETITION FOR ANNEXATION
The undersigned hereby petition the Council of the City of Fort Collins, Colorado, for
the annexation of an area, to be referred to as the REA Annexation to the City of Fort Collins.
Said area, consisting of approximately 9.39 acres, is more particularly described on
Attachment "A", attached hereto.
The petitioners allege:
That it is desirable and necessary that such area be annexed to the City of Fort
Collins.
2. That the requirements of Sections 31-12-104and 31-12-105,C.R.S., exist or
have been met.
3. That not less than one -sixth of the perimeter of the area proposed to be
annexed is contiguous with the boundaries of the City of Fort Collins.
4. That a community of interest exists between the area proposed to be annexed
and the City of Fort Collins.
5. That the area to be annexed is urban or will be urbanized in the near future.
6. That the area proposed to be annexed is integrated with or capable of*being
integrated with the City of Fort Collins.
7. That the petitioners herein comprise more than fifty percent (50%) of the
landowners in the area and own more than fifty percent (50%) of the area to
be annexed, excluding public streets, alleys and lands owned by the City of Fort
Collins.
8. That the City of Fort Collins shall not be required to assume any obligation
respecting the construction of water mains, sewer lines, gas mains, electric
service lines, streets or any other services or utilities in connection with the
property proposed to be annexed except as may be provided by the ordinances
of the City of Fort Collins.
Further, the petitioners consent pursuant to Section 37-45-136(3.6), C.R.S., to the
inclusion of such property into the Municipal Subdistrict, Northern Colorado Water
Conservancy District.
The petitioner specifically reserves the right to withdraw this petition at any time prior
to the Second Reading of the Annexation by the Council of the City of Fort Collins, Colorado;
and/or as provided in the attached Annexation Agreement.
WHEREFORE, said petitioners request that the Council of the City of Fort Collins
approve the annexation of said area. Furthermore, the petitioners request that said area be
placed in the CL - Limited Commercial Zoning District pursuant to Chapter 29 (Zoning) of the
Code of the City of Fort Collins.
POUDRE VALLEY RURAL ELECTRIC ASSOCIATION
Mayor Azari
Page Two
December 24, 1996
If the City is willing to suggest a resolution that it believes
complies with the Petition and the Agreement, please contact Mr.
Ronald Carey, General Manager, Poudre Valley Rural Electric
Association, Inc., P.O. Box 272550, Fort Collins, CO 80527-2550,
or by fax 226-2123, on or before January 3, 1997.
Barring resolution -to these issues, we must now proceed -with
development of the Property in accordance with the development
and zoning rights available to us in Larimer County.
Sincerely,
f / arvy��
Norman L. ohnson, President
Board of Directors
Enclosure ._
NLJ/mrf
POUDRE VALLEY RURAL
ELECTRIC ASSOCIATION, INC.
7649 REA PARKWAY • P.O. BOX 272550
FORT COLLINS, COLORADO 80527-2550
December 24, 1996
Ms'. Ann Azari
Mayor
City of Fort Collins
POB 580
Ft. Collins, CO 80522
Poudre •
Valley
FORT COLLINS
FAX NO.
c�c 2 61996
lil t Y iv:.-„y,1�Lr'4
• (970) 226-1234
• (970) 226-2123
1-800-432-1012
Re: Proposed Voluntary Annexation and Rezoning of
4809 South College Avenue by Poudre Valley Rural
Electric Association, Inc.
Dear Mayor Azari
Poudre Valley Rural Electric. Association,_ Inc. __(Owner)
voluntarily tendered to the City of Fort Collins, Colorado (City)
a Petition for Annexation (REA Annexation) and a request that the
property be placed in the C-L Limited Commercial Zoning District.
Along with the Petition, the Owner tendered an Annexation
Agreement (Agreement), describing specific conditions with regard
to the REA Annexation, the use of the Property and to provide for
the zoning of the Property. The requested C-L Limited Commercial
zoning is the City's zoning district most equivalent to that
which the Owner currently enjoys in Larimer County and is,
therefore, a reasonable request to make of the City.
I understand that on December 17, 1996, the City Council passed
on first reading ordinances that would annex and zone the
Property under the City's current H-B Highway Business Zoning
District with a Planned Unit Development (PUD) Condition. Such
action by the City is in conflict with both the Petition and the
Agreement as adopted by the City in Ordinance No. 162, 1996 (with.
direction to delete paragraph 4 of the Agreement as agreed to by
the Owner). (See attached Petition and Agreement.)
It is our position that the action taken by the City is non-
responsive to the question presented to them by the Petition, and
the Agreement, and represents a denial of both.
The Owner. believes that the City cannot proceed with .the second
reading of Ordinance No(s). 1621 1996 and 163, 1996, unless --or
until --agreement can be reached. between the Owner and the'City on
these issues. Absent an agreement between the Owner and the
City, the City must postpone additional actions in conflict with
the Petition and the Agreement.
AN EQUAL OPPORTUNITY EMPLOYER
DATE: December 17, 1996 I 5 I ITEM NUMBER: 30 A-C
Staff finds that the annexation request is appropriate for the following reasons:
The annexation of this area is consistent with the policies and agreements between Larimer
County and the City of Fort Collins contained in the Intergovernmental Agreement for the
Fort Collins Urban Growth Area.
2. The area meets the eligibility requirements included in State law to qualify for a voluntary
annexation to the City of Fort Collins.
3. On November 5, 1996, the City Council considered and approved a resolution determining
that the proposed annexation process for this property by establishing the date, time, and
place when a public hearing will be held regarding the readings of the Ordinances annexing
and zoning the area.
Staff is recommending that this property be excluded from the Residential Neighborhood Sign
District. Properties along South College Avenue have been excluded from the District, since this
area is a community/regional shopping and business service uses corridor that is not planned to
provide neighborhood -oriented land uses. A map amendment would be necessary to place this
property on the Residential Neighborhood Sign District Map.
PLANNING AND ZONING BOARD RECOMMENDATION:
The Planning and Zoning Board, at its regular monthly meeting of November 25, 1996, voted 7-0
to recommend approval of the annexation. The Board voted 6-1 to recommend approval to zone the
property HB - Highway Business, with a PUD condition. Regardless of future development, it was
their opinion that development review should before the Planning and Zoning Board and be
evaluated against the requirements of the LDGS.
The Planning and Zoning Board voted 7-0 to recommend that paragraph 4, a disconnection clause, .
be struck from the Annexation Agreement that is attached to the Petition.
The Planning and Zoning Board voted 7-0 to recommend that this property be excluded from the
Residential Neighborhood Sign District.
DATE: December 17, 1996 I 4 LITEM NUMBER: 30 A=C
5. Requiring an annexation agreement between the applicant and the City.
6. Imposing zoning conditions.
The applicant has submitted a proposed Annexation Agreement with the Petition that includes, in
paragraph 4, a disconnection clause that states:
"In the event any ordinance becomes effective in the City within twenty years after the
effective date of the annexation ordinance, and such ordinance alters and limits any Owner's
right to use the Property as contemplated by this Agreement, then the City, upon written
request of Owner, will proceed to take all necessary action to immediately disconnect of the
Property from the City's boundaries, and the Property may not be annexed subsequently
except by voluntary petition by the Owner.,,
If the Council initially approves CL zoning for this property, but. within 20 years after such approval
the Council alters the zoning of the property in any way, the language of this paragraph would allow
the property owner to disconnect this property from the City, possibly creating a perpetual enclave
within the City limits. The Planning and Zoning Board considered this disconnection clause and
voted 7-0 to recommend to City Council that this paragraph be stricken from the proposed
Annexation Agreement. A copy of the Agreement is attached to the Petition and this agenda item
summary. .
Staff believes that the CL - Limited Commercial Zoning District was adopted by City Council in
1991 to specifically address issues at that time related to the existing and proposed land uses in the
Riverside Avenue corridor. In fact, this is the only area in the City where CL zoning exists.
Properties surrounding the subject property on South College Avenue are in the hb - Highway
Business, BL - Limited Business, and BP - Planned Business Zoning Districts. Staff is
recommending that the property be placed in the HB - Highway Business Zoning District with a
PUD condition attached. It is staffs opinion that. even though automobile sales is not expressly
permitted in the HB Zoning District, it meets the intent of the District by being an automobile -
oriented business. The PUD condition, could allow automobile sales and provide for adequate staff
and public review of any development submittal. Regardless of the proposed land use, the HB
Zoning District with a PUD condition is most appropriate in this location based on adjacent zoning
to the north and the location along South College Avenue.
Staff is recommending that this property be excluded from the Residential Neighborhood Sign
District, which was established for the purpose of regulating signs for non-residential uses in certain
geographical areas of the City which may be particularly affected by such. signs because of their
predominantly residential use and character. Properties along South College Avenue have been
excluded from the District, since this area is a community/regional shopping and business service
uses corridor that is not planned to provide neighborhood -oriented land uses. A map amendment
would be necessary to place this property on the Residential Neighborhood Sign District Map.
STAFF RECOMMENDATION:
Staff recommends approval of the annexation and recommends that the property be placed in the HB
- Highway Business Zoning District with a PUD condition.
DATE: December 17, 1996 1 3 I ITEM NUMBER: 30 A-C
This property was the subject of an annexation and zoning request in late 1993. That application
included a request for the HB - Highway Business Zoning District. Staff recommended HB with a
PUD condition. The Planning and Zoning Board recommended HB with a PUD condition. City
Council action was to approve annexation of the property at first reading and postpone consideration
of the zoning. The applicant withdrew the application for annexation and zoning after this action
was taken.
The surrounding zoning and land uses are as follows:
N: HB; existing shopping center (Arbor Plaza PUD)
E: BL; existing various business and commercial uses
S: T-Tourist in Larimer County; existing business (Fossil Creek Nursery)
W: FA -Farming in Larimer County
"*fkm�lwum�
The zoning requested for this annexation by the petitioner is the CL - Limited Commercial Zoning
District. The expressed purpose of this request is to develop an automobile sales business for the
Spradley-Barr dealership that currently operates at the southwest corner of South College Avenue
and Drake Road. Automobile sales is a permitted "use -by -right" in this District. There are numerous
other uses permitted in the CL District.
As a permitted use in the CL Zoning District, an application must be made to the Director of
Planning which includes a Site Plan, Landscape Plan, and Architectural Elevations complying with
the Land Development Guidance System (LDGS). In reviewing the application, the Director holds
an administrative review hearing. Written notice of such hearing is given to owners of record of all
real property within a minimum of 500' of the subject property. City Code permits the Planning
Director to refer the item to the Planning and Zoning Board if the Director determines that the
proposal raises issues that require further public hearing and discussion, or if any party -in -interest
requests such referral. Appeals of the Director's decision may be taken by any party -in -interest to
the Planning and Zoning Board.
As an alternative, a PUD may be submitted in the CL Zoning District. This would be reviewed by
the Planning and Zoning Board. However, the applicant is requesting the CL Zoning District with
no PUD condition attached. The options for recommending a zoning designation with the
annexation are:
1. Granting the zoning district as requested by the applicant (CL - Limited Commercial
with no PUD condition).
2. Granting the zoning district as recommended by staff (HB - Highway Business with
a PUD condition).
3. Granting any one of the other zoning districts that are available in the City of Fort
Collins Zoning Ordinance. .
4. Attaching a PUD condition to the zoning district.
2
Purposes the Property Included in the REA Annexation to the City of Fort Collins, Colorado,
Into the HB-Highway Zoning District, with a PUD Condition.
Option : First Reading of Ordinance No. 163, 1996, Amending the Zoning District Map
Contained in Chapter 29 of the Code of the City of Fort Collins and Classifying for Zoning
Purposes the Property Included in the REA Annexation to the City of Fort Collins, Colorado,
Into the CL-Limited Commercial Zoning District.
This is a request to annex and zone 9.39 acres located on the west side of South College Avenue,
south of Harmony Road and the Arbor Plaza Shopping Center, and north of Fossil Creek Nursery.
The Burlington Northern Railroad is adjacent along the west property line. The requested zoning
is CL - Limited Commercial Zoning District with no PUD condition. The expressed purpose of this
request is to develop an automobile sales business for the Spradley-Barr dealership that currently
operates at the southwest corner of South College Avenue and Drake Road. The property is
developed, having been the headquarters for Poudre Valley REA for many years, and it is in the
Business and Commercial Zoning Districts in Larimer County. This is a 100% voluntary annexation.
APPLICANT: Spradley-Barr
c/o Cityscape Urban Design, Inc.
3555 Stanford Road, Suite 105
Fort Collins, CO. 80525
OWNER: Poudre Valley REA
7649 REA Parkway
Fort Collins, CO. 80528
(BACKGROUND:
The applicant, Spradley-Barr, c/o Cityscape Urban Design, Inc, on behalf of the property owners,
Poudre Valley REA, has submitted a written petition requesting annexation of 9.3 9 acres located
on the west side of South College Avenue, south of Harmony Road and the Arbor Plaza Shopping
Center, and north of Fossil Creek Nursery. The Burlington Northern Railroad is adjacent along the
west property line. This is a 100% voluntary annexation.
The property is currently developed, having been the headquarters for Poudre Valley REA for many
years, and is zoned B - Business (on the front 1/3, about 300' of lot depth) and C - Commercial (on
the back 2/3) in Larimer County. The County's Business Zone is,for most retail, office, and service
uses. This zone does not allow automobile sales and is more restrictive than the Commercial Zone.
Automobile sales are a permitted use in the Commercial Zone. This is a more permissive zone for
more intense commercial activities.
The property is located within the Fort Collins Urban Growth Area. According to policies and
agreements between the City of Fort Collins and Larimer County contained in the Intergovernmental
Agreement for the Fort Collins Urban Growth Area, the City will agree to consider annexation of
property in the UGA when the property is eligible for annexation according to State Law. This
property complies with State regulations by meeting the requirement for 1/6 contiguity to existing
City limits. This occurs through common boundaries with the Arbor Commercial Annexation (May,
1981) to the north and the Fairway Estates Business Annexation (January, 1981) to the east.
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL
SUBJECT:
Items Pertaining to the REA Annexation and Zoning.
RECOMMENDATION:
ITEM NUMBER: 30 A-C
DATE: December 17, 1996
STAFF: Steve Olt
The applicant has requested that the property be annexed and placed in the CL - Limited Commercial
Zoning District, with no planned unit development ("PUD") condition. Staff recommends approval
of the annexation request and recommends that the property be zoned HB - Highway Business, with
a PUD condition.
EXECUTIVE SUMMARY:
Staff is recommending that this property be excluded from the Residential Neighborhood Sign
District. Properties along South College Avenue have been excluded from the District, since this
area is a community/regional shopping and business service uses corridor that is not planned to
provide neighborhood -oriented land uses. A map amendment would be necessary to place this
property on the Residential Neighborhood Sign District Map.
The Planning and Zoning Board, on November 25, 1996, voted 7-0 to recommend approval of the
annexation. The Board voted 6-1 to recommend zoning the property HB - Highway Business, with
a PUD condition. The Staff Report, with attachments, that went to the Board is attached to this
agenda item summary.
The Planning and Zoning Board voted 7-0 to recommend that Paragraph 4, a Disconnection Clause,
be struck from the Annexation Agreement that is attached to the Petition.
The Planning and Zoning Board voted 7-0 to recommend that this property be excluded from the
Residential Neighborhood Sign District.
A. Resolution 96-153 Setting.Forth Findings of Fact and Determinations Regarding the REA
Annexation.
B. Option A: First Reading of Ordinance No. 162, 1996, Annexing Property Known as the
REA Annexation to the City of Fort Collins; Colorado.
Option : First Reading of Ordinance No. 162, 1996, Annexing Property Known as the
REA Annexation to the City of Fort Collins, Colorado (with direction to delete, paragraph
4 of the Annexation Agreement).
C. Option A: First Reading of Ordinance No. 163, 1996, Amending the Zoning District Map
Contained in Chapter 29 of the Code of the City of Fort Collins and Classifying for Zoning
a
Introduced, considered favorably on first reading, and ordered published this 17th day of
December, A.D. 1996, and to be presented for final passage on the 7th day of January, A.D. 1997.
ATTEST:
City Clerk
Passed and adopted on final reading this 7th day of January, A.D. 1997.
Mayor ..... _ .
ATTEST:
City Clerk
ORDINANCE NO. 163, 1996
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE ZONING DISTRICT MAP CONTAINED IN CHAPTER 29
OF THE CODE OF THE CITY OF FORT COLLINS AND CLASSIFYING
FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE REA ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO INTO THE HB-HIGHWAY BUSINESS
ZONING DISTRICT WITH A PUD CONDITION
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows:,
Section 1. That the Zoning District Map adopted pursuant to Chapter 29 of the Code of
the City of Fort Collins be, and the same hereby is, changed and amended by including the property
known as the REA Annexation to the City of Fort Collins, Colorado, in the HB, Highway Business
Zoning District:
A tract. of land situate in the Northeast Quarter of Section 2, Township 6 North,
Range 69 West of the 6th P.M., Larimer County, Colorado, which considering the
East line of the Northeast Quarter of said Section 2 as bearing S 00°37'58" W and
with all bearings contained herein relative thereto, is contained within the boundary
lines which begin at the Northeast corner of said Section 2 and run thence S
00037'58" W 995.83 feet, and again N 89001'01" W 49.51 feet to the true point of
beginning; thence S 00°35'38" W 450.00 feet; thence N 89001'02" W 909.52 feet;
thence N 00°43'58" E 450.00 feet; thence S 89'01'01" E 908.43 feet to the point of
beginning.
Containing 9.3901 acres more or less.
Section 2. - That the Sign District Map adopted pursuant to Section 29-593.1 of the Code
of the City of Fort Collins be, and the same hereby is, changed and amended by showing that the
above -described property is not included in the Residential Neighborhood Sign District.
Section 3. That the zoning granted herein is expressly conditioned upon the entire
above -described property being developed as a planned unit development in accordance with the
Ordinances of the City.
Section 4. That the Director of Engineering is hereby authorized and directed to amend
said Zoning District Map in accordance with this Ordinance.
that are recommended by the City Manager and the City Attorney as being in the best interests of the
City. This annexation shall be subject to the provisions of such Annexation Agreement if it is
entered into by the City and the'applicant on or before January 17, 1997. If it is not so entered into
on or before January 17, 1997, this Ordinance shall be null and void and of no effect whatsoever.
Introduced, considered favorably on first reading, and ordered published this 17th day of
December, A.D. 1996, and to be presented for final passage on th 31h-day of JanuaryA. . 19
Mayor
ATTEST:
City Clerk I
Passed and adopted on final reading this 7th day of January, A.D. 1997.
Mayor
ATTEST:
City Clerk
ORDINANCE NO. 162, 1996
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING PROPERTY KNOWN AS THE REA ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS, Resolution 96-134, finding substantial compliance and initiating annexation
proceedings, has heretofore been adopted by the Council of the City of Fort Collins; and
WHEREAS, the Council does hereby find and determine that it is in the best interests of the
City to annex said area to the City..
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That.the following described property, to wit:
A tract of land situate in the Northeast Quarter of Section 2, Township 6 North, -
Range 69 West of the 6th P.M., Larimer County, Colorado, which considering the
East line of the Northeast Quarter of said Section 2 as bearing S 0003758" W and
with all bearings contained herein relative thereto, is contained within the boundary
lines which begin at the Northeast corner of said Section 2 and'run thence S
00037'58" W 995.83 feet, and again N 89'01'01" W 49.51 feet to the true point of
beginning; thence S 00°35'38" W 450.00 feet; thence N 89*01'02" W 909.52 feet;
thence N 00°43'58" E 450.00 feet; thence S 89°01'01" E 908.43 feet to the point of
beginning.
Containing 9.3901 acres more or less;
be, and hereby is, annexed to the City of Fort Collins and made a part of said City, to be known as
the REA Annexation.
Section 2. That, in annexing said property to the City, the City does not assume any
obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines,
streets or any other services or utilities in connection with the property hereby annexed except as
may be provided by the ordinances of the City.
Section 3. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S.,
to the inclusion of said property • into the Municipal Subdistrict, Northern Colorado Water
Conservancy District.
Section 4. That the Mayor is hereby authorized and directed to enter into on behalf of
the City the Annexation Agreement proposed by the applicant in this annexation, but with the.
deletion of paragraph 4 of the Annexation Agreement and such other amendments to the Agreement
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL
SUBJECT:
Items Pertaining to the REA Annexation and Zoning.
RECOMMENDATION:
ITEM NUMBER: 25 A-B
DATE: January 7, 1997
STAFF: Steve Olt
Staff recommends adoption of the Ordinances on Second Reading.
EXECUTIVE SUMMARY:
A. Second Reading of Ordinance No. 162, 1996, Annexing Property Known as the REA
Annexation to the City of Fort Collins, Colorado. (Option B)
B. Second Reading of Ordinance No. 163, 1996, Amending the Zoning District Map Contained
in Chapter 29 of the Code of the City of Fort Collins and Classifying for Zoning Purposes
the Property Included in the REA Annexation to the City of Fort Collins, Colorado, Into the
HB-Highway Zoning District, with a PUD Condition. (Option A)
On December 17, 1996 Council voted unanimously to adopt Resolution 96-153 Setting Forth
Findings of Fact and Determinations regarding the REA Annexation.
Also on December 17, 1996, Council unanimously adopted Ordinance No. 162, 1996, and Ordinance
No. 163, 1996 by a vote of 4-3, annexing and zoning 9.39 acres located on the west side of South
College Avenue, south of Harmony Road and the Arbor Plaza Shopping Center, and north of Fossil
Creek Nursery. The Burlington Northern Railroad is adjacent along the west property line. The
requested zoning is CL - Limited Commercial Zoning District with no PUD condition. The
expressed purpose of this request is to develop an automobile sales business for the Spradley-Barr
dealership that currently operates at the southwest comer of South College Avenue and Drake Road.
The property is developed, having been the headquarters for Poudre Valley REA for many years, and
it is in the Business and Commercial Zoning Districts in Larimer County. This is a 100% voluntary
annexation.
APPLICANT: Spradley-Barr
c/o Cityscape Urban Design, Inc.
3555 Stanford Road, Suite 105
Fort Collins, CO. 80525
OWNER: Poudre Valley REA
7649 REA Parkway
Fort Collins, CO. 80528